[8] The objector is an unemployed single man currently residing at 370 Darwin River Road, Darwin River on the land, the subject of these proceedings (hereinafter called 'the land'). He is 48 years of age having been born on 4 May 1962 at Mt Isa.
[9] The objector's father was Alfred Otto Dickfoss and his natural mother is Nancy Davis. When the objector was young, Alfred Dickfoss divorced Nancy Davis and married Elva Williams on 23 October 1975.
[10] The objector has had learning problems from an early age because he is dyslexic. He also suffers from memory problems and has never been able to learn to read and write satisfactorily. His learning difficulties have caused him to find it hard to hold down proper employment; although from time to time he has worked as a labourer and gardener, as a buffalo catcher and in the mining exploration industry.
[11] In November 1977, Alfred and Elva Dickfoss purchased the land for $9,700. The land is approximately 25 acres or 9 hectares and 1,000 sq metres. Alfred Dickfoss worked the property as a market garden and also as a piggery.
[12] In 1982, the objector lived on the property and assisted his father in running the businesses on the property. The piggery, however, was not financially successful and in about 1983, the objector began working with a Mr McLeod as a buffalo catcher, working on stations all around the Territory.
[13] In 1987, Elva Dickfoss moved to Adelaide to commence tertiary studies. At this time the objector returned to work and live on the land due to injuries that he had sustained working as a buffalo catcher. In that year, the objector entered into an oral agreement with Elva to purchase her interest in the property for $30,000 which was to be paid over time in instalments.
[14] In September 1995, Elva Dickfoss transferred her interest in the land to the objector. From that time on the objector and Alfred Dickfoss were the joint owners of the land.
[15] The objector worked on the land with his father until 1991 when he obtained employment with Normandy Mining (NT Exploration). In 1992, the objector married Georgina Ganley. In June 1992, the objector and Georgina Dickfoss purchased a five-acre block of land at Humpty Doo for $21,000. In 1993, the objector separated from his wife. The land at Humpty Doo was sold to a third party for $68,000 and the profit on the sale evenly divided. The objector then moved back to the land to live with his father and for several years, he assisted him.
[16] When the objector was in his early 20's he was introduced to smoking cannabis. The objector was never a heavy user but found that he enjoyed smoking it. He found that it helped him to relax. As he got older, he had developed a sleeping disorder and found that smoking cannabis assisted him to sleep.
[17] In order to support this habit he started to grow marijuana in bushland in the Dundee area. In 1994, he was arrested and charged with producing and possession of cannabis and sentenced to a term of imprisonment for three months. In August 1994, he was released and returned to the land to live with his father whom he assisted in the market gardening business. He also worked, from time to time, on road works.
[18] In the late 1990s the objector decided to start his own business as a horse shooter. He purchased a truck and operated the business. The business was not a success. After a short period of time he returned to live and work on the land with his father again. In May 2005, he obtained employment as a trainee panel beater. He worked in this capacity until about May 2008. By this time, Alfred Dickfoss was suffering from advanced emphysema and the objector returned to work and live on the land and to look after his father.
[19] On 27 April 2009, the police executed a search warrant on the property and found some cannabis plants and some cannabis plant material. It will be necessary to go into the facts of that matter more fully later but it is not in contention that he was arrested and charged on information in relation to the unlawful possession of 1.205 kilograms of cannabis and the unlawful cultivation of 22 cannabis plants. A hand up committal occurred on 23 June 2009, as a result of which he was committed for trial in this Court.
[20] On 6 July 2009, the Director of Public Prosecutions applied for a restraining order in relation to the land on the ground that the land was crime-used property, as defined by s 11 of the Act. It is an agreed fact that the application and supporting affidavit of Mr Ward were served on the objector on 22 July 2009. On 23 July 2009, the Director of Public Prosecutions signed an indictment against the objector charging him with two counts of offences against the Misuse of Drugs Act, namely, aggravated unlawful possession of a commercial quantity of cannabis and aggravated cultivation of a commercial quantity of cannabis plant.
[21] On 27 July 2009, the application for the restraining order was heard by Olsson AJ. Neither the objector nor his father appeared. A restraining order was granted in relation to the land. The control and management of the land was placed in the hands of the Public Trustee pursuant to s 46(1)(c) and s 106 of the Act. The order permitted the objector and Alfred Dickfoss to reside on the land whilst the order remained in place, subject to certain conditions. The order was served on the objector on 30 July 2009. The order and the supporting affidavit were also served on the objector's father on the same date.
[22] The objector and Alfred Dickfoss filed their objections to the restraining order on 28 September 2009.
[23] On 12 August 2009, the objector pleaded guilty to the offences alleged in the indictment and was sentenced, by Olsson AJ, to a term of imprisonment for a total period of 13 months and two weeks suspended at the rising of the Court upon entering into a home detention order for a period of six months.
[24] On 24 March 2010, the objector's father, Alfred Dickfoss, passed away. Under the terms of Alfred Dickfoss' will, the objector is the sole beneficiary of his estate.
[25] Prior to Alfred Dickfoss' death, the objector was in receipt of a carer's allowance including a tax-free carer supplement. After his father's death, the objector completed successfully the home detention order and became entitled to a disability pension in lieu of his carer's allowance.
[26] As has been noted previously, the unencumbered value of the freehold estate in the land is $330,000.